Oregon Statutes 183.745 – Civil penalty procedures; notice; hearing; judicial review; exemptions; recording; enforcement
(1) Except as otherwise provided by law, an agency may only impose a civil penalty as provided in this section.
Terms Used In Oregon Statutes 183.745
- Agency: means any state board, commission, department, or division thereof, or officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches. See Oregon Statutes 183.310
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contested case: means a proceeding before an agency:
(A) In which the individual legal rights, duties or privileges of specific parties are required by statute or Constitution to be determined only after an agency hearing at which such specific parties are entitled to appear and be heard;
(B) Where the agency has discretion to suspend or revoke a right or privilege of a person;
(C) For the suspension, revocation or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing; or
(D) Where the agency by rule or order provides for hearings substantially of the character required by ORS § 183. See Oregon Statutes 183.310
- Final order: means final agency action expressed in writing. See Oregon Statutes 183.310
- Lien: A claim against real or personal property in satisfaction of a debt.
- Order: includes any agency determination or decision issued in connection with a contested case proceeding. See Oregon Statutes 183.310
- Person: means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency. See Oregon Statutes 183.310
- Rule: means any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency. See Oregon Statutes 183.310
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Statute: A law passed by a legislature.
(2) A civil penalty imposed under this section shall become due and payable 10 days after the order imposing the civil penalty becomes final by operation of law or on appeal. A person against whom a civil penalty is to be imposed shall be served with a notice in the form provided in ORS § 183.415. Service of the notice shall be accomplished in the manner provided by ORS § 183.415.
(3) The person to whom the notice is addressed shall have 20 days from the date of service of the notice provided for in subsection (2) of this section in which to make written application for a hearing. The agency may by rule provide for a longer period of time in which application for a hearing may be made. If no application for a hearing is made within the time allowed, the agency may make a final order imposing the penalty. A final order entered under this subsection need not be delivered or mailed to the person against whom the civil penalty is imposed.
(4) Any person who makes application as provided for in subsection (3) of this section shall be entitled to a hearing. The hearing shall be conducted as a contested case hearing pursuant to the applicable provisions of ORS § 183.413 to 183.470.
(5) Judicial review of an order made after a hearing under subsection (4) of this section shall be as provided in ORS § 183.480 to 183.497 for judicial review of contested cases.
(6) When an order assessing a civil penalty under this section becomes final by operation of law or on appeal, and the amount of penalty is not paid within 10 days after the order becomes final, the order may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the person incurring the penalty and the amount of the penalty in the County Clerk Lien Record.
(7) This section does not apply to penalties:
(a) Imposed under the tax laws of this state;
(b) Imposed under the provisions of ORS § 646.760 or 652.332;
(c) Imposed under the provisions of ORS Chapter 654, 656 or 659A; or
(d) Imposed by the Public Utility Commission.
(8) This section creates no new authority in any agency to impose civil penalties.
(9) This section does not affect:
(a) Any right under any other law that an agency may have to bring an action in a court of this state to recover a civil penalty; or
(b) The ability of an agency to collect a properly imposed civil penalty under the provisions of ORS § 305.830.
(10) The notice provided for in subsection (2) of this section may be made part of any other notice served by the agency under ORS § 183.415.
(11) Informal disposition of proceedings under this section, whether by stipulation, agreed settlement, consent order or default, may be made at any time.
(12) In addition to any other remedy provided by law, recording an order in the County Clerk Lien Record pursuant to the provisions of this section has the effect provided for in ORS § 205.125 and 205.126, and the order may be enforced as provided in ORS § 205.125 and 205.126.
(13) As used in this section:
(a) ‘Agency’ has that meaning given in ORS § 183.310.
(b) ‘Civil penalty’ includes only those monetary penalties that are specifically denominated as civil penalties by statute. [Formerly 183.090]
183.745 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 183 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
READABILITY OF PUBLIC WRITINGS